Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Application of the Convention. Government’s report and observations from trade unions. The Committee notes the report from the Government which was received too late for the Committee to be able to examine in detail at the current session of the Committee. Nevertheless, the Committee notes the insufficient information provided in relation to its previous comments, and in particular the absence of a reply to questions formulated in paragraphs 2–3 of the comment, which refer to Article 10 on workers’ right and duty to participate in ensuring safe working conditions and Article 12(1) on the right to removal. With reference to the comments from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), transmitted to the Government on 23 September 2010, the Committee notes that the report received from the Government does not contain a response thereto. The comments from the trade unions refer, inter alia, to the high rate of accidents and diseases in the construction sector, and to the lack of effectiveness of the labour inspectorate in addressing frequent, systematic and serious violations of the applicable legislation. The Committee also notes the reference made to the Ministerial Resolution No. 4 of 2007, but that the Government does not include a copy thereof with its report. It is thus not clear whether this Resolution has an impact on existing legislation and whether this text is the draft legislation on risk prevention, and the amendment to the Occupational Safety and Health in Industry Regulation No. 807 of 30 December 1966, that the Government has referred to in its previous reports. The Committee requests the Government to respond to the comments submitted by the CASC, the CNUS and the CNTD; to provide further details on current legislation giving effect to the Convention, including copies of such legislation; and to reply to its previous comments. The Committee will examine the report of the Government at its next session in the light of any information received in these respects.

[The Government is asked to reply in detail to the present comments in 2011.]